Damage to property during delivery

RedFraggle

Thanks. Yes, it's Currys own delivery so it's them I'm taking it up with.
Have rung Barclaycard and they claim section 75 doesn't apply to anything but the goods but have agreed to log it along with the Currys complaint reference. That leaves me open to go back to them if need be.

neilmcl

Just persevere, you should get there in the end.

How long have you have the flooring down. The reason I managed to get them to pay for a whole new floor was only because mine had been down for a while and had time to weather naturally so just replacing the damage parts, whilst being extremely difficult, would have made it stand out like a sore thumb.

shaun_from_Africa

RedFraggle wrote: »

Have rung Barclaycard and they claim section 75 doesn't apply to anything but the goods but have agreed to log it along with the Currys complaint reference

Phone them again and tell them that according to the Financial ombudsman, they are incorrect.
S75 applies to the contract in general and not only the goods and if in completing that contract damage was caused due to negligence, the credit provided has exactly the same liability as the seller of the goods.

If you bring a claim under section 75, the most you can get back from the lender is the amount of the credit.

No. Where section 75 applies, it gives the consumer exactly the same claim against the lender as they would have against the supplier of the goods or services, if there were a misrepresentation or a breach of contract by that supplier. This might be more than, or less than, the amount of the credit
transaction - depending on what happened

http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html

RedFraggle

It's been down 2 years. It runs under the skirting boards and the kitchen end panels too (DH does everything properly) so to replace the floor they would have to come up. I'm not overly prescious about the floor. At the end of the day floors are for walking on but it's utter carelessness and looks a mess. I won't let it drop.

stebiz

I sympathise OP but as this appears to happen regularly with deliveries I'm surprised these companies refuse to deliver inside a house.

bris

neilmcl wrote: »

Rubbish. All wood flooring will dent/mark (as can now be seen in the above post) if there's enough pressure placed on it, regardless of whether it's hardwood or not.

OP, been there, done that, but with Comet back in the day. They wheeled my new fridge freezer on it's castors all the way through my house causing the exact same damage as yours. In the end I got them, well the insurer anyway, to pay for a whole new floor. Was a little bit of hassle to begin with to get the store to admit liability but once up the chain it became easier.

No, I have hardwood floors down and they can easily withstand this kind of traffic, they have done many times.

I have a treadmill that weighs a lot more than a fridge freeer that folds up and is pulled along on trolly wheels and it never causes such lines, so no not all hard wood floors are suffering from this problem.

RedFraggle

bris wrote: »

No, I have hardwood floors down and they can easily withstand this kind of traffic, they have done many times.

I have a treadmill that weighs a lot more than a fridge freeer that folds up and is pulled along on trolly wheels and it never causes such lines, so no not all hard wood floors are suffering from this problem.

Looking at the damage it had scrathed into the flooring on one side suggesting either the wheel weren't running or they weren't using it correctly. Either way it is an oak floor and they have caused the damage. There is also a mark on the stone floor in the hallway.

gik

RedFraggle wrote: »

Looking at the damage it had scrathed into the flooring on one side suggesting either the wheel weren't running or they weren't using it correctly. Either way it is an oak floor and they have caused the damage. There is also a
mark on the stone floor in the hallway.

scrathed as scratched? oak as real oak? stone as real stone?

shaun_from_Africa

gik wrote: »

scrathed as scratched? oak as real oak? stone as real stone?

It shouldn't matter if it was solid oak, oak laminate, or chipboard.
If the trolley was correctly loaded up and both wheels were working properly but overloaded, there should either have been damage caused by two wheels or no damage at all.
Having only one line of damage indicates that one wheel on the trolley was either taking far too much of the load or that it wasn't rotating correctly.

One line of damage could have happened to a single board if it was defective, but to all of them?

RedFraggle

They didn't even use a trolley Shaun. They wheeled it on it's castors which are presumably meant for short distance moving not for 12 odd feet. Thanks for your help.